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Union of India - Section
Section 39 in The Prisons Act, 1894
39. Hospital.
- In every prison a hospital or proper place for the reception of sick prisoners shall be provided.| [Andhra Pradesh].- Same as that of Tamil Nadu.Andhra Pradesh Act 23 of 1958, Section 3 and Sch.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, after Section 39, insert the following sections, namely:39-A. Power of Superintendent to send a prisoner to hospital or asylum for special treatment.(1) The Superintendent may, if in his opinion, a prisoner requires special treatment in a hospital outside the prison or in an asylum as defined in the Indian Lunacy Act, 1912, send him to such hospital or asylum subject to the prisoner or any relative or friend of the prisoner executing such bond and abiding by such other conditions, if any, as the State Government may by rule or order prescribe.(2) The period spent by the prisoner for such treatment in the hospital or asylum or in going thereto or return therefrom shall be deemed to be part of the period of his detention in the prison.Explanation I.- Nothing contained in this section shall be deemed to affect the operation of section 30 of the Prisoners Act, 1900, in cases to which that section applies.Explanation II.- In this section prisoner means a convicted criminal prisoner.39-B. Punishment for escape or attempt to escape from hospital or asylum.- (1) If any prisoner dealt with under section 39-A escapes or attempts to escape from the hospital or asylum to which he has been sent or when going thereto or returning therefrom, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.(2) Such punishment shall be in addition to the punishment for which the prisoner was liable for the offence of which he was already convicted.39-C. Provisions applicable to bonds referred to in section 39-A.- The provisions of Chapter XLII of the Code of Criminal Procedure, 1898, shall, so far as may be, apply to the bonds referred to in section 39-A.Madhya Pradesh Act 40 of 1961, Section 3 and Sch. (w.e.f. 1-2-1962).[Tamil Nadu].- In its application to the State of Tamil Nadu, after Section 39, insert the following section, namely:39A. Power of Superintendent to send a prisoner to hospital or asylum for special treatment.- The Superintendent may, if in his opinion, a prisoner requires special treatment in a hospital outside the prison or in an asylum as defined in the Indian Lunacy Act, 1912, send him to such hospital or asylum subject to the prisoner or any relative or friend of the prisoner executing such bond and abiding by such other conditions, if any, as the State Government may by rule or order prescribe. Any period during which the prisoner is undergoing treatment in such hospital or asylum or spent by him in going thereto or returning therefrom shall be deemed to be part of the period of his detention in the prison.Explanation I.- Nothing contained in this section shall be deemed to affect the operation of section 30 of the Prisoners Act, 1900, in cases to which that section applies. [Tamil Nadu Act No. 14 of 1938, dated 3.10.1938].[Tamil Nadu].- In section 39-A of the Prisons Act, 1894 (herein after referred to as the said Act), the Explanation shall be renumbered as Explanation I and the following shall be added as Explanation II, namely -Explanation II.- In this section 'prisoner' means a convicted criminal prisoner. [Tamil Nadu Act 14 of 1938, Section 2 (w.e.f. 25-10-1938), as amended by Tamil Nadu Act 5 of 1940, Section 3 (w.e.f. 9-4-1940).][Tamil Nadu].- After section 39-A of the said Act, the following sections shall be inserted, namely: -39B. Punishment for escape or attempt to escape from hospital or asylum.- If any prisoner dealt with under section 39-A escapes or attempts to escape from the hospital or asylum to which he has been sent or when going thereto or returning therefrom, he shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.The punishment under this section shall be in addition to the punishment for which the prisoner was liable for the offence of which he was already convicted.39C. Provisions applicable to bonds referred to in section 39-A.- The provisions of Chapter XLII of the Code of Criminal Procedure, 1898, shall, so far as may be, apply to the bonds referred to in section 39-A. [Tamil Nadu Acts 5 of 1940, Section 3 (w.e.f. 9-4-1940); 35 of 1949 and 22 of 1957.] |